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John D. Allport's Estate

John D. Allport's Estate image
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The folluwing article taken from The Butte Miner, pnblished in Butte, Montana, nnder date of Nov. 5, will be read with interest by many in Dexter and icinity, wiiere the parties are all well known, and also in this city, wbere Mra. Mary Miller, of Dexter, wbo is one of the heirs to the property in qnestion bas many relatives and friends. Mrs. Miller has been in Montana for several weeks past looking after the interests of herself and other heirs to the property, and is expected home this ■week: "The flght of the sisters and brothers of the late John D. Allport over his estate was commenced in earnest at Bonider yesterday when one of his síbters, Mrs. Caroline V. Kelley, was bonnd over to the district coart to answer to a charge of perjnry on which she was very quietly arrested in Bntte a few days ago. The arrest was made by Sheriff Henry Sberlook, of Bonider, and, as it was known only to the attorney whu drew up the reqnired bond of 2,000 and the people wbo signed it, the news of it did not leak ont. The bond was approved by Jnstioe of the Peace D. G. Warner, of Boulder, and she appeared before him yesterday for her preliminary heariug. "The complaint charged her with having committed perjnry on Jan. 6, 1896, the date on wbich she made application before Judge Showers, of Jefferson county, for appointment as administratrix of the estáte of Allport, by swearing tbat she was his only heir. It has since developed that there are a number of otber heirs, including a brothnr and sister, several half-sister?, and the child of a deceased fnll sister. A will bas also turned np since ttíat time, after a trip tn Mexico, Alaska and other points of the oompass, in which Ailport btqueathed all of his property to Mrs. Kelley. This will was presented for probate some time ago but was not probated on account of the protest of the other heirs. "When Mrs. Kelley's case carne np yeeterday, her attorney, Geo. F. Cowan, entered a demnrrer to the complaint, allf.ging tbat it dia not state facts constitnting a public offense or any offense against the laws of Montana. After argument the court overruled the demnrrer or, the gronud that the defendant's representation to the district court at the time she was appointed administratrix of the estáte that she was the sole heir was prejudicial to the interests of her brother who was by law entitled to the appointment as adiministrator. Mrs. Mary Miller, of Dexter, Mich., a half sister of Mrs. Kelley and also of Allport, was one of tbe witnesses. She gave the names and resixüence of the other heirs anmentioned above and swore that they were all entitled to a sbare of the estáte. The case took np most of the afternoon and at the conclusión Mrs. Kelley was bonnd over to the district court of Jefferson connty. Tbe $2,000 bond whicb was giveu íd tbis city was continned and she was ordered to appear in courfc on tbe first Monday in January, 1898. "John D. Allport died in Jefferson county, on Nov. 26, 1S95, and there has been some trouble in the courts of Silver Bow county over his estáte. The inost valnable part of the estáte was an interest in the Minuie Healy mine, ■which had passed into poesession of the Fegan-Bnsh cruwd of mining stock swindlers. Mrs. Kelley recently instituted snit for its recovery and was snccessf al. ' '


Ann Arbor Argus
Old News